Loading...
HomeMy WebLinkAbout01-11-17 Planning and Economic Development Committee Meeting AgendaPEDC Meeting  Planning and Economic Development Committee  Ithaca Common Council        DATE: January 11, 2017  TIME: 6:00 p.m.  3rd Floor City Hall  Council Chambers         AGENDA ITEMS  Item Voting  Item?  Presenter(s) Time  Start  1) Call to Order/Agenda Review    2) Public Comment and Response from  Committee Members    3) Updates, Announcements, Reports  a) HUD Funding Announcement   b) Waterfront Plan  c) Southside Plan  d) Parks Master Plan    4) Action Items (Voting to send on to Council)  a) Annual Common Council Concurrence for  Lead Agency  b) Zoning Amendment to Allow Brewpubs,  Urban Breweries, and Taverns  c) Authorization of Funds from Community  Housing Development Fund     5) Action items (Voting to Circulate)  a) Allowing Dogs in Stewart Park    6) Review and Approval of Minutes  a) November and December 2016    7) Adjournment  No    No      No              Yes    Yes    Yes      Yes      Yes    Seph Murtagh, Chair           Staff              Lisa Nicholas, Senior Planner    Jennifer Kusznir, Senior Planner    Nels Bohn, IURA       Megan Wilson, Senior Planner            6:00    6:05      6:15              6:25    6:30    6:50      7:05      7:25      7:30  If you have a disability and require accommodations in order to fully participate, please contact the City  Clerk at 274‐6570 by 12:00 noon on Tuesday, January 10th, 2017.   CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org To:               Common Council  From: Lisa Nicholas, Senior Planner  Date: January 9, 2017  Re: 2017 Annual Council Concurrence that the Planning Board be Lead Agency in Environmental Review  for Site Plan Review Projects for which the Common Council is an Involved Agency  Annually the Common Council passes resolution a concurring that the Planning Board will be Lead Agency in  environmental review for site plan review projects for which the Common Council is an involved agency.  Examples of such projects include Chainworks District Project, the Marriot Hotel, the Hilton Canopy and 210  Hancock Street. As per the adopted resolutions, this arrangement ends on December 31 and must be renewed  annually. Please find enclosed a proposed resolution which is identical to the previously adopted resolutions  with the exception of an expiration date of December 31, 2017.  As you will remember, the purpose of this arrangement is to make the environmental review process more  efficient while, at the same time, keeping Council informed of its potential role in the environmental review of  site plan projects. Environmental forms and project information would continue to be forwarded directly to  Council members without the need to coordinate with a monthly meeting schedule. This prevents the difficulty  of the 30‐day deadline to establish Lead Agency but preserves Council ability to not concur should that be the  preferred course of action for any future project. As an involved agency, Council would, if desired, provide input  to the Lead Agency.  All comments from involved agencies are addressed during the review.  The Board has this arrangement with the Board of Zoning Appeals.  If you have any questions, please contact me at 274‐6557.  Annual Common Council Concurrence that the  City of Ithaca Planning and Development Board be Lead  Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an  Involved Agency Resolution  WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the  City Code, Environmental Quality Review, require that a lead agency be established for conducting  environmental review of projects in accordance with local and state environmental law, and  WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency  shall be that local agency which has primary responsibility for approving and funding or carrying out the  action, and  WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve  a Type I Action or an Unlisted Action undergoing coordinated review with other involved agencies, it must  notify them that a lead agency must be agreed upon within 30 calendar days of the date that the  Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and  WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve  approvals or funding from Common Council, making Council an involved agency in environmental review,  and  WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review  process more efficient, it is desirous to continue the agreement in which the Planning Board will assume  Lead Agency status for such projects , and  WHEREAS, in accordance with the State Environmental Quality Review Law and  the City of Ithaca  Environmental Quality Review Ordinance, involved agencies are provided with project information and  environmental forms for their review, as well as all environmental determinations; now, and  WHEREAS, on April 7, 2015 the Common Council did consent to the Planning & Development Board acting  as Lead Agency in environmental review for site plan review projects for which Common Council has been  identified as an Involved Agency through December 31, 2015, and  WHEREAS, That Common Council did consent to the Planning & Development Board acting as Lead Agency  in environmental review for site plan review projects for which Common Council has been identified as  an Involved Agency through December 31, 2016; and, be it further, therefore be it  RESOLVED, That Common Council does hereby consent  to the Planning & Development Board acting as   Lead Agency in environmental review for site plan review projects for which Common Council has been  identified as an Involved Agency through December 31, 2017; and, be it further  RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it  so desire.  CITY OF ITHACA 108 East Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 - To: Planning and Economic Development Committee From: Jennifer Kusznir, Economic Development Planner Date: December 21, 2016 Re: Proposal to Amend Chapter 325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts The purpose of this memo is to provide information regarding a proposal to establish definitions for Brew Pub, Urban Brewery, and Tavern, and to establish them as permitted uses in specific zones. This proposal was previously discussed at the December Planning and Economic Development Committee meeting. At that meeting concerns were raised regarding the proposed definitions of Urban Brewery and Brew Pub. Enclosed for your consideration is a draft ordinance which has been edited in order to remove the requirement for food service in brew pubs, and to remove the language regarding various NYS permit requirements in the Urban Brewery. All changes have been tracked. These changes are minor and do not require re-circulation. The draft Full Environmental Assessment Form of this action is enclosed. The proposed ordinance and environmental assessment were previously circulated to the City Planning Board, the Conservation Advisory Council, the Tompkins County Planning Department and various other City staff and departments. No comments have been received regarding this proposal. At the last meeting the Planning Committee voted on the resolution for the declaration of lead agency and the resolution of environmental significance. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: Section 1. Section 325-3B, entitled, “Definitions and Word Usage,” is hereby amended to add the following definitions: Brew Pub — An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on‐site. Sale of beverages for off‐site consumption is also permitted in keeping with the regulations of the New York State Liquor Authority. Service of brewed beverages must be in conjunction with the service of food. Brew pubs may not produce more than 5,000 barrels of beverage annually. May also include the distribution of beverages for consumption at other sites. A brew bub, may NOT contain external tanks for storage of raw materials or beverages. Urban Brewery — A limited production brewery that may produce no more than 15,000 barrels annually. Microbreweries may sell to licensees; however, they may NOT sell to the general public without a NYS brewer's retail permit. An Urban Brewery may have a restaurant in or adjacent to it., only if it has obtained a NYS an on-premises retail license. Tavern — An establishment for the sale of beer and other drinks to be consumed on the premises, sometimes also serving food. Section 2. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is hereby amended in order to add Brew Pub as an allowable primary use in the B-2a district and Urban Breweries as an allowable use in the B-5 district. Section 3. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is further amended to add the following allowable accessory use in the B-2 zones: Incidental parking for any uses allowed in any of the B2 zones. Section 4. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the District Regulations Chart in accordance with the amendments made herewith. Section 5. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Proposed Resolution   Planning & Economic Development Committee  January 11, 2017    Community Housing Development Fund, Funding Round #13 — Authorize Disbursement   of $50,000 Pursuant to Executed MOU    WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and  renewed in 2015, by Memorandum of Understanding (MOU) among and between the City of  Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of  permanently affordable housing in the County, and    WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF and the City of  Ithaca and Tompkins County each contribute $100,000, and    WHEREAS, the CHDF Program Oversight Committee (POC) recommends round #13 funding of  $356,250 for the following affordable housing projects:  and,     WHEREAS, the Common Council determined that City contributions to the CHDF should be used  solely to assist projects located within the City of Ithaca, and    WHEREAS, pursuant to the 2015 MOU, Tompkins County administers the CHDF, including  collection of contributions to the CHDF and distribution of funds to project sponsors, and     WHEREAS, rehabilitation of a facility in kind on the same site is a type II action under SEQR/CEQRO,  therefore no environmental review is required for the INHS Scattered Site Rental Housing  Preservation project, now; therefore, be it    WHEREAS, prior City contributions to the CHDF were derived from Gateway Loan proceeds  administered by the Ithaca Urban Renewal Agency that originated from sale of City‐owned land for  the Eddygate project located at 110 Dryden Road, but such funds have been depleted, and     WHEREAS, as part of the 2016 Budget, funds were placed in Restricted Contingency to fund the  City’s contribution to the CHDF, now; therefore, be it   Community Housing Development Fund Round #13 Recommended Funding Awards Applicant Project # Units Location Funding ($1,000s) Cornell County City Total Second Wind Cottages, Inc. Second Wind Cottages (units #15-#18) 4 rental (T) Newfield -1435 Elmira Rd. 37.5 18.75 0 56.25 INHS, Inc INHS Scattered Site Rental Housing Preservation 98 rental (C) Ithaca -14 various properties 200 50 50 300 Totals 237.5 68.75 50 356.25   RESOLVED, that the Common Council for the City of Ithaca hereby authorizes an expenditure of up  to $50,000 to Tompkins County for the following affordable housing projects to implement the  round #13 recommended funding awards through the Community Housing Development Fund:        Project Name: INHS Scattered Site Rental Housing Preservation Project   Amount:  $50,000      Applicant:  Ithaca Neighborhood Housing Services, Inc.   Project Summary:  Renovation of 98 rental housing units in 44 buildings located throughout the  City of Ithaca   and    RESOLVED, that Common Council hereby transfers $50,000 from Account A1990 Restricted  Contingency to the following accounts:      A8020‐5700 Planning Contracts $50,000 to fund City/County/Cornell Housing Trust         (city portion), and be it further,    RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to execute  a fiscal agency agreement with Tompkins County to implement this resolution.          j:\community development\policies\housing\cornell collaboration\round 13\reso pedc approve round #13 housing fund projects 1‐11‐17 revision #1  nb.doc                                                j:\community development\policies\housing\cornell collaboration\round 13\reso pedc approve round #13 housing fund projects 1‐11‐17.doc  To: Planning and Economic Development Committee From: Megan Wilson, Senior Planner Date: January 6, 2017 RE: Proposal to Allow Dogs in Stewart Park The purpose of this memo is to provide additional information on the proposal to amend Chapter 336, Parks and Recreation, of the City Municipal Code to allow dogs in Stewart Park. Currently, dogs are only allowed in Stewart Park by a special permit issued by the Superintendent of Public Works (with the exception of service animals). Stewart Park is the only City park where dogs are prohibited, and this prohibition is often not adhered to and rarely enforced. The Friends of Stewart Park approached the Parks Commission in the spring of 2016 with a request that the City Code be amended to allow dogs in the park. The Commission agreed that dogs are often present now and believes that officially allowing dogs in the park would be appreciated by residents and visitors. At its May 26, 2016 meeting, the Parks Commission recommended that on-leash dogs be permitted in Stewart Park and requested that the Board of Public Works make a recommendation to the Common Council regarding an amendment to the City Code. The Board concurred with the Parks Commissions conclusions and noted that neither the Parks Commission nor the BPW have received any complaints about dogs in the park. On July 11, 2016, the Board recommended by resolution that §336-11 of the City Code be amended to allow dogs in Stewart Park, provided that (1) dogs remain on leaches no longer than 6 feet and under the owner’s control and (2) dog care stations for dog waste are provided and maintained. The BPW acknowledged that the City will incur additional cost by providing and maintaining these stations, and these costs should be considered. The Cayuga Waterfront Trail Initiative is willing to provide and install the dog care stations. City staff already collects bagged dog waste in the park, and City Forrester Jeanne Grace does not believe the installation of the dog care stations will significantly add to staff responsibilities. The additional cost will come from providing bags at the dog care stations. The City is now providing these bags at another location in the City, and the Friends of Stewart Park is considering fund raising for the ongoing provision of the bags. Staff will attend the January 11th Planning & Economic Development Committee meeting to answer any questions and seek approval to circulate an ordinance that would enact this change. If you have any questions prior to the meeting, please feel free to contact me at 274-6560 or mwilson@cityofithaca.org. CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org   TO: Board of Public Works FROM: Parks Commission DATE: June 2, 2016 RE: Proposal to Allow Dogs in Stewart Park At its May 26th meeting, the Parks Commission discussed the current prohibition of dogs in Stewart Park. Per City code, dogs are only allowed in Stewart Park by special permit issued by the Superintendent of Public Works (except for service animals). Stewart Park is the only City park where dogs are prohibited, and this prohibition is often not adhered to and rarely enforced. The completion of the Cayuga Waterfront Trail has brought an increase in the number of dogs as more people travel through and visit the park with their pets. The Parks Commission has not received any complaints about dogs in the park and believes lifting the prohibition would be appreciated by many in the community. While a quorum was not present, all Parks Commissioners in attendance voted unanimously to recommend that the existing legislation (Chapter 336, Stewart Park, of the City Municipal Code) be changed to allow on-leash dogs in all City parks. Dog care stations should be provided to address concerns about waste, and the Cayuga Waterfront Trail Initiative has offered to provide the stations. If you have any questions or comments, please contact Megan Wilson, Senior Planner, at 274-6560 or mwilson@cityofithaca.org. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT PHYLLISA DESARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Board of Public Works July 11, 2016 Recommendation to Allow Dogs in Stewart Park – Resolution By Commissioner Goldsmith: Seconded by Commissioner Jenkins WHEREAS, the Parks Commission recently discussed and recommended that the prohibition on Dogs in Stewart Park be changed at their May 26, 2016 meeting, and WHEREAS, Stewart Park is the only City park where dogs are prohibited, and this prohibition is often not adhered to and rarely enforced, and WHEREAS, the completion of the Waterfront Trail has brought an increase in the number of dogs as more people travel through and visit the park with their pets, and WHEREAS, neither the Parks Commission nor the Board of Public Works have received complaints about dogs in Stewart Park, WHEREAS, the BPW acknowledges there will be an additional maintenance costs, therefore be it RESOLVED, That the Board of Public Works recommends that Section 336-11 of the City Code be changed to allow dogs in Stewart Park under the following conditions: 1. Dogs are to remain on leashes no longer than 6 feet and under the owner’s control, and 2. Dog care stations for dog waste are provided and maintained Carried Unanimously City of Ithaca Planning & Economic Development Committee Wednesday, November 9, 2016 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ducson Nguyen, Josephine Martell, and Cynthia Brock Committee Members Absent: None Other Elected Officials Attending: Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Lisa Nicholas, Senior Planner; Jennifer Kusznir, Senior Planner; Megan Wilson, Senior Planner; Deborah Grunder, Executive Assistant Others Attending: Tom Knipe, Tourism Director; Mike Niechwiadowicz; Form Ithaca Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review No changes were made to the agenda. 2) Public Comment and Response from Committee Members David Gallahan, 511 Spencer Road, spoke on the exterior property maintenance ordinance. His tenant had snow tires on the property. Gallahan was away when the ticket was issued and the rates escalated while he was away. Many of his friends have had similar situations happen to them. Tessa Rudan, thanked the committee for the changes that have been made to the Collegetown plan. She further stated that the Collegetown plan should be used in other areas of the City. M. Blodgett, 549 Spencer Road, received fourteen tickets over 20 days. They can give the same ticket every day, but the homeowner doesn’t receive the tickets for two weeks or better. Neil Golden, 208 College Avenue, spoke on the exterior property maintenance ordinance. It needs to be reviewed and changes need to be made. The fees grow quickly. JoAnn Cornish clarified that the Collegetown Area Form District Code is a City Code; the Character Code was done by an outside group that received a grant to do so. Alderperson Brock stated she has received numerous calls regarding the odd and even parking rules. She would like the committee to look into implementing more residential parking permits and the odd/even parking rules. JoAnn Cornish stated she would look into who the appropriate person is to work on this. Alderperson Kerslick stated that neighborhoods can ban together and request the permit process for their neighborhood. It was further stated by Chair Murtagh and confirmed by JoAnn Cornish that there are only certain areas in the City with neighborhood parking permits. 3) Special Order of Business a) Presentation: Tompkins County Tourism Program Tom Knipe, Tompkins Country Tourism Director, provide a thorough presentation on how tourism dollars help local municipalities especially the City of Ithaca. He offered to send the presentation to anyone who is interested. 4) Updates, Announcements, Reports a) Dredging Update Lisa Nicholas, Senior Planner, came back with the answers to the questions asked at October meeting. Ice jams was asked about as well as would dredging six mile creek benefit the Titus Tower area? Nichols stated due to the dry year, we don’t have the data to calculate. The projected time line is out to late 2017 and 2018. Murtagh asked if there’s a lot of stuff in the creek; dredging the creek seems to be the right thing to do. Nichols stated there is more to it. There is lot more to look at such as velocity, etc. and how the water levels are created from the lake. b) Exterior Property Maintenance Ordinance Mike Niechwiadowicz and Robert Sarachan updated the group on this ordinance as to how it is working and what still needs to be done to improve it. A 24-hour waiting (warning) period is given without a ticket being issued. This is not sent to the court but the homeowner is notified via an email notification. Sarachan stated the original accusatories have gone down because people are responding to their emails. Alderperson Brock stated that not all people are set up for the email notifications. How do we get this information out to people? Mike Niechwiadowicz stated they tried the “tag” system twelve plus years ago. There were many issues – the inspectors have been threatened, chased off their properties, etc. Tags do not work. The property owner may not get the tag because it is a tenant property, etc. The only violation not offered a 24-hour warning is snow removal. There are 5,500 properties in the City of Ithaca. Everyone who sees Robert Sarachan are advised by him to sign up for the email notifications program. He feels the system is working so much better. He recommends that a warning for shrubs and grass in the sidewalks be granted the 24-hour warning. Alderperson Kerslick asked how we satisfy those that get all these tickets. Alderperson Brock asked if there is a process in place to make sure the boundary lines are noted correctly. The answer to that is the City's GIS system. 5) Action Items (Voting to Circulate) a) Adding Brewpubs/Microbreweries to Zoning The purpose of this memo is to provide information regarding a proposal to establish definitions for Brew Pub, Microbrewery and Tavern and to establish them as permitted uses in specific zones. The City recently received a proposal for a use that included on-site brewing and serving of alcohol and food. Staff ultimately determined, that given the small scale of the facility, it would be of no greater impact than that of a restaurant and should be considered a tavern, which is an allowable use in the requested district. However, in order to prevent confusion in the future, staff is proposing to amend Chapter 325 of the City Code, entitled “zoning”, to include the following definitions for microbrewery, brew pub, and tavern: Brew Pub - An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on ‐ site. Sale of beverages for off‐ site consumption is also permitted in keeping with the regulations of the New York State Liquor Authority. Service of brewed beverages must be in conjunction with the service of food. Brew pubs may not produce more than 5,000 barrels of beverage annually. May also include the distribution of beverages for consumption at other sites. A brew bub, may NOT contain external tanks for storage of raw materials or beverages. Microbrewery - A limited production brewery that may produce no more than 15,000 barrels annually. Microbreweries may sell to licensees, however, they may NOT sell to the general public without a NYS brewer's retail permit. A Microbrewery may have a restaurant in or adjacent to it, only if it has obtained a NYS an on-premises retail license. Tavern - an establishment for the sale of beer and other drinks to be consumed on the premises, sometimes also serving food. In addition, staff proposes to add brew pub as an allowable use in the B-2a district, and microbrewery as an allowable use in the B-5 district. Enclosed for your consideration is a draft ordinance containing the proposed amendments. If the Committee is in agreement, staff will draft an environmental review of this action and circulate it along with the draft ordinance and return next month with any comments that are received. If you have any questions, feel free to contact me at 274-6410. - The issue here is the scale of the establishment. If we make this an allowable use in B2, it is also in the B-2a and B5 districts as well as the CDB districts. - Chair Murtagh stated he visited a mini brewery in the middle of downtown Cortland. He suggests reaching out to them for information on how they regulate it. - It was suggested to identify this an urban brewery. - Alderperson Kerslick moved to circulate; seconded by Alderperson Martell. Carried unanimously. ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Zoning, be amended as follows: Section 1. Section 325-3B, entitled, “Definitions and Word Usage”, is hereby amended to add the following definitions: Brew Pub -An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on ‐ site. Sale of beverages for off‐ site consumption is also permitted in keeping with the regulations of the New York State Liquor Authority. Service of brewed beverages must be in conjunction with the service of food. Brew pubs may not produce more than 5,000 barrels of beverage annually. May also include the distribution of beverages for consumption at other sites. A brew bub, may NOT contain external tanks for storage of raw materials or beverages. Microbrewery - A limited production brewery that may produce no more than 15,000 barrels annually. Microbreweries may sell to licensees, however, they may NOT sell to the general public without a NYS brewer's retail permit. A Microbrewery may have a restaurant in or adjacent to it, only if it has obtained a NYS 3 on-premises retail license. Tavern- an establishment for the sale of beer and other drinks to be consumed on the premises, sometimes also serving food. Section 2. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District Regulations, is hereby amended in order to add Brew Pub as an allowable primary use in the B2-a district and Microbreweries as an allowable use in the B-5 district. Section 3. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the district regulations chart in accordance with the amendments made herewith. Section 4. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 6) Action Items (Voting to Send onto Council) a) Minor Amendments to Collegetown Area Form Districts An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Make Minor Revisions to §325-45, Collegetown Area Form Districts WHEREAS, there has been confusion over the application of the façade length requirement of the Collegetown Area Form Districts, as adopted in 2014, and WHEREAS, the proposed revisions would clarify the intent and application of various regulations; now, therefore, ORDINANCE NO. ____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. The CR-3 Activation Table shown in Chapter 325, Section 325-45.2E(3) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: ACTIVATION STREET FAÇADE A) Building façade length, primary street, max 45’ Section 2. The CR-4 Activation Table shown in Chapter 325, Section 325-45.2F(1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: ACTIVATION STREET FAÇADE A) Building façade length, primary street, max 1. Row house 100’ 2. All other structures 45’ Section 3. The MU-1 Activation Table shown in Chapter 325, Section 325-45.2G(1) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: ACTIVATION STREET FAÇADE B) Building façade length, primary street, max 3. Row house 150’ 4. All other structures 75’ Section 4. Chapter 325, Section 325-45.2B(10) of the Municipal Code of the City of Ithaca is hereby amended to read as follows: (10) Recessed Entry (a) Definition: A functioning entry that is set back a minimum of 12” 5’ from the front façade of the building. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. The action being considered is whether to approve the ordinance provided in the packet for approval or the updated version of 11/9/16 provided at the meeting for circulation. Alderperson Brock motioned to circulate; seconded by Alderperson Kerslick. Carried Unanimously. JoAnn Cornish stated that it is the goal that the Collegetown Form Based Code be used throughout the City. The Character Code is a good body of work, but is different that the direction that the City has been focused on. She further stated this character code document came to the City as a surprise. The City did work with this group on the State Street corridor, but the character code was not under the City’s directive. Chair Murtagh stated that there is a lot of overlap of the two plans. Alderperson Brock stated that there seems to a bit of confusion within the community that this was something requested by the City which is not the case. b) Form Ithaca Character Code Resolution Moved by Alderperson Martell; seconded by Alderperson Kerslick. Carried unanimously. Alderperson Kerslick made a friendly amendment to replace Planning and Economic Development Committee with Common Council. He further stated that supporting this doesn’t mean we are supporting it in its entirety but used as a reference. WHEREAS, Mayor Svante Myrick co-signed a letter of support in August of 2013 with then-Town Supervisor Herb Engman on behalf of the City and Town designating Better Cities & Towns of the Form Ithaca project team as the lead applicant for a NYSERDA’s Cleaner Greener Communities grant to jointly update our zoning ordinances, and WHEREAS, the Common Council is committed to dense urban development in the core of downtown, as is expressed in Plan Ithaca, Phase I of the City’s Comprehensive Plan which was adopted by Common Council in September of 2015, and WHEREAS, the City of Ithaca’s successful adoption of a hybrid form-based code in Collegetown has resulted in higher quality development that has had a positive impact on the character of the neighborhood, and WHEREAS, the Form Ithaca project is led by the nonprofit Better Cities & Towns, dedicated to promoting sustainable, walkable communities; architects and landscape architects STREAM Collaborative; and urban planners Randall+West; and the team brought in leading urban design, development, transportation, and form-based code consultants who offered their valuable expertise to the City, and WHEREAS, the Form Ithaca project team has worked with City Staff, civic leaders, developers, State and County Agencies, and other stakeholders, completed four reports, and organized a four-day charrette in the City of Ithaca, June 3rd through 6th, 2015, and these documents and the public process informed the development of the draft City of Ithaca Character Code and Regulating Plan, and WHEREAS, the draft City of Ithaca Character Code was circulated to Planning and IURA staff in August of 2016, and a new draft, dated October 11, 2016, was prepared that incorporates many of the submitted comments, and WHEREAS, City staff recognizes the importance of maintaining a human scale along the street, especially in transitional areas where commercial zones are located near residential districts, and supporting development of a substantial amount of underutilized land, particularly in the W. State St. / MLK Jr. Corridor; now, therefore, be it RESOLVED, that the Planning and Economic Development Committee Common Council accepts the City of Ithaca Character Code and Regulating Plan for review and consideration of adoption.   7) Review and Approval of Minutes a) October 2016 Moved by Alderperson Kerslick; seconded by Alderperson Brock. Passed unanimously with suggested changes. 8) Adjournment Moved by Alderperson Kerslick; seconded by Alderperson Martel. Passed unanimously. The meeting was adjourned at 8 :05p.m. Formatted: Font: 12 pt, Strikethrough City of Ithaca Planning & Economic Development Committee Wednesday, December 14, 2016 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ducson Nguyen, Josephine Martell, and Cynthia Brock Committee Members Absent: None Other Elected Officials Attending: Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Jennifer Kusznir, Senior Planner; Megan Wilson, Senior Planner; Nels Bohn, Director, IURA; Deborah Grunder, Executive Assistant Others Attending: Joseph Bowes, INHS Director of Real Estate Development Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review No changes were made to the agenda. 2) Special Order of Business a) Public Hearing: Revisions to Collegetown Area Form Districts Alderperson Kerslick moved to open the public hearing; Alderperson Brock seconded it. Passed unanimously. There was no one from the public to speak on this topic. Alderperson Brock moved to close the public hearing; Alderperson Martell seconded it. Passed unanimously. b) Public Hearing: Zoning Amendment to Allow Brewpubs, Urban Breweries, and Taverns Alderperson Brock moved to open the public hearing; Alderperson Kerslick seconded it. Passed unanimously. Ben Brotman and James Tielers spoke together on the brewpub ordinance. They questioned some of the definitions in the brewpub ordinance. The definition of Urban Brewery needs to be changed to reflect that microbreweries may sell to the general public. Alderperson Kerslick moved to close the public hearing; Alderperson Nguyen seconded it Hayden Brainard, Trumansburg, stated that definitions are set by the State. It’s not a good idea to change what the State liquor authority has on their books. He recommends not to try to come up with a restriction of these definitions. If the goal is to limit the amount of their production, don’t limit the definitions. Alderperson Martell moved to close the public hearing; Alderperson Kerslick seconded it. Passed unanimously. Pat Shea, 707 Hancock Street, spoke on the Waterfront changes. She encourages the City to consider a mixed income availability. She’s a gardener so she would like to see the gardens to stay. A science area would also be good. 3) Public Comment and Response from Committee Members Alderperson Martell stated she agrees that it would be great to have a mixed income housing project, but due to the expense to do such a project there, it is unlikely or difficult to make this an affordable housing project. Alderperson Brock announced the public information sessions for the Waterfront Ordinance Changes scheduled for Thursday, December 14th, from 3-5 and again 7-9 p.m. 4) Updates, Announcements, Reports a) Design Guidelines ( Megan Wilson ) There were two public information sessions that were well attended. A wide variety of comments were provided. The most frequent concerns were the design guidelines process. We do not have binding review design guidelines yet but do have the design guidelines in the site-plan review process. Alderperson Kerslick stated that a joint meeting with the Planning Board and this committee would be a very good idea. b) Housing Summit Debrief ( JoAnn Cornish ) The most important part of the summit was it got the conversation going. To hear the stories to find housing and their struggles hit home for her. It was a real good opportunity to discuss this important topic. Kudos to Martha Robertson and Schelley Michell Nunn for organizing and moderating the event. Alderperson Brock stated she was very intrigued by Cornell’s project to keep sophomore students on campus. We have areas in our community that are very unique. Small non-chain businesses need to be provided incentives to help them stay alive. She would like to see the City help keep the small businesses intact and remain here. She would also like to see the City help to keep owner-occupied properties rather than become tenant housing. 5) Action Items (Voting to send onto Council) a) Revisions to Collegetown Area Form Districts An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Revise Entry and Building Length Requirements for the Collegetown Area Form Districts – Declaration of Lead Agency for Environmental Review Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed unanimously. WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend §325-45.2, “District Standards,” of the Collegetown Area Form Districts. An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning” To Revise Entry and Building Length Requirements for the Collegetown Area Form Districts – Determination of Environmental Significance Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed unanimously. WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to revise the recessed entry and building length requirements for the Collegetown Area Form Districts, and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated November 15, 2016, and WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State general Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and have also been distributed for review by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and Development Board, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form, dated November 15, 2016, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. b) Zoning Amendment to Allow Brewpubs, Urban Breweries, and Taverns An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts– Declaration of Lead Agency Moved by Alderperson Kerslick; Seconded by Alderperson Martel. Passed unanimously. WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is a “Type I" Action pursuant to the City of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review for the adoption of amendments to The Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning,” to Include Definitions for Brew Pub, Urban Brewery, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD Districts– Declaration of Environmental Significance Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed unanimously. 1. WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” To include definitions for Brew Pub, Urban Brewery, and Tavern, and also to amend the allowable uses in the B-2, B-5, and CBD zones, and 2. WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated October 26, 2015, and 3. WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance, and 4. WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it 1. RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated November 2, 2016, and be it further 2. RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further 3. RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Alderperson Nguyen asked for clarification on the comments made by Hayden Brainard. Jennifer Kusznir stated that the City wanted to put some restriction on each type of brewery. Hayden Brainard further commented that some of the things that the City will allow in the breweries are already allowed in the state zones. Alderperson Brock asked how the 5,000 barrels was selected and is it appropriate for these areas. Jennifer Kusznir stated that 5,000 was a number from the Building Department’s definition of tavern. Ben Brotmon was asked to join the conversation. Malt shipments coming in on pallets would be about three pallets every few weeks. There is no way that anyone could produce 5,000 because there isn’t enough room to do so. Chair Murtagh recommends that we reach out to the brewery on Main Street in Cortland. Taverns with seating are not permitted in the B2D zone since it is zoned residential. Alderperson Kerslick moved to table the ordinance; seconded by Alderperson Brock. Passed unanimously. c) Payment in Lieu of Taxes (PILOT) Agreement with INHS Moved by Alderperson Martell; seconded by Alderperson Kerslick. Passed unanimously. Authorize Exemption from Real Property Taxes and Provision for In-Lieu Payments, with Regard to the Ithaca Neighborhood Housing Services, Inc. (“INHS”) Affordable Housing Scattered Site Preservation Project – Resolution WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of Ithaca and Tompkins County; and WHEREAS, Pursuant to Section 577 of the New York State Private Housing Finance Law (PHFL), the Council hereby exempts from real property taxes, for a period of thirty (30) years, the following properties, to be owned by a housing development fund company formed under Article XI of PHFL and sponsored by the Ithaca Neighborhood Housing Services, Inc. (“INHS”) and beneficially owned by a to-be-formed partnership affiliate of INHS formed for the purpose of developing the Project (hereinafter the “Owner”), and to be used for the provision of affordable rental housing to qualified persons or families of low income as a part of the Scattered Site Rental Preservation Project (the “Project”); and WHEREAS, the Project includes renovation of 98 residential units in 44 buildings as follows: Address: Tax Parcel #: 105 Fourth Street 44.-6-15 107A Fourth Street 44.-6-16 107 Fourth Street 44.-6-16 108 N. Corn Street 72.-3-14 110 Esty Street 50.-1-21 112 Esty Street 50.-1-21 113 Fourth Street 44.-6-1 216 Cascadilla Street 45.-5-11 316-18 S. Corn Street 79.-5-15 356 Floral Ave. 97.-1-6.2 380-90 Floral Ave. 97.-1-7.2 402 Center Street 79.-6-10 402 W. Seneca Street 60.-6-12 417 Cascadilla Street 51.-3-2 418-20 Cascadilla Street 44.-6-14 602 W. Green Street 72.-4-12 Cascadilla Green I 25.-3-1.1 308 Adams Street 310 Adams Street 509 First Street 511 First Street 507 First Street 505 First Street 513 First Street 515 First Street 517 First Street 519 First Street 521 First Street 523 First Street 307 Franklin Street 309 Franklin Street Cascadilla Green II 25.-3-1.21 301 Franklin Street 522 Alice Miller Way 303 Franklin Street 305 Franklin Street 512 Alice Miller Way 514 Alice Miller Way 516 Alice Miller Way 504 Alice Miller Way 506 Alice Miller Way 508 Alice Miller Way 510 Alice Miller Way 518 Alice Miller Way 304 Adams Street 306 Adams Street WHEREAS, the City of Ithaca has determined that the continued provision of affordable rental housing to qualified persons or families of low income by INHS is beneficial to and in the long term best interests of the public, and in connection with the City of Ithaca Common Council’s endorsement of the INHS Affordable Housing Scattered Site Preservation project at its regular meeting held on the 2nd day of November, 2016, now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca pursuant to §577 of the Private Housing Finance Law of the State of New York hereby grants to the properties listed herein a tax exemption from real property taxes levied by the City of Ithaca and other local taxing authorities for a period of thirty (30) years, and Owner shall make annual in-lieu-of-tax payments (hereinafter referred to as “PILOT”) to the City of Ithaca equal to 12% of its annual "net operating income", but in no event to be less than $58,837, plus additional negotiated annual amounts after fifteen (15) years when Project payment obligations are projected to decline. "Net operating income" shall equal gross rents received by the Owner less operating costs, as determined by an annual audit, paid by the Owner for the duration of the exemption period. The PILOT shall be shared by the City of Ithaca with Tompkins County and the Ithaca City School District in the same ratio as total school, city and county taxes would have been paid with respect to the Project without taking into account the exemption provided for herein; and it is further RESOLVED, that the PILOT agreement shall include provisions requiring the construction contract for the Project to include specific provisions that require (1) outreach to local subcontractors in construction trades requesting bids, to the greatest extent feasible, and (2) outreach to local vendors requesting quotes for construction materials to the greatest extent feasible, and RESOLVED, that the Mayor upon the advice of the City Attorney and the City Controller and on behalf of the City of Ithaca is hereby authorized and requested to execute and deliver to any pertinent party an agreement between the City of Ithaca and Owner, setting forth as necessary the details of the PILOT, and to take any and all action necessary and/or required to effectuate or verify such payments or tax exemption, the PILOT agreement shall contain such additional terms and conditions as the Mayor deems to be appropriate; and it is further RESOLVED, that this ordinance shall take effect immediately. 6) Special Order of Business a) 2017 Work Plan and Process JoAnn Cornish stated that the items on the list are not in order of importance. Cornish also distributed to the group what is involved when a change to a zoning ordinance is proposed. There is a lot more to it that people realize. Alderperson Brock stated it must be very difficult to juggle the number of items on the work plan. One particular zoning ordinance change was done by the Shade Tree Advisory Committee. Chair Murtagh has asked that Jane Grace, the City Forester, attend the January meeting. JoAnn Cornish will distribute the proposed ordinance that is being recommended by the Shade Tree Advisory Committee.   7) Review and Approval of Minutes a) November 2016 – Minutes were not Available   8) Adjournment Moved by Alderperson Kerslick; seconded by Alderperson Martel. Passed unanimously. The meeting was adjourned at 7:55 p.m.